Submitted By
Paul L. Stephanides
Reviewed By
LKS
Agenda Item Title
Title
An Ordinance Amending Chapter 17 (“Offenses”), Article 1 (“Identification of Specific Offenses”) of the Oak Park Village Code to Add New Sections 17-1-35 (“Possession, Manufacture or Delivery of Cannabis”) and 17-1-36 (“Possession of Drug Paraphernalia”)
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Overview
Overview
The Ordinance amends the Oak Park Village Code to add two new sections to Chapter 17 (“Offenses”), Article 1 (“Identificaiton of Specifc Offenses”) to prohibit the possession, manufacture or delivery of cannabis and the possession of drug paraphernalia.
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Recommendation
Recommendation
Adopt the Ordinance.
Body
Staff Recommendation
Adopt the Ordinance.
Fiscal Impact
Penalties for violations to be collected by the Village.
Background
The Illinois General Assembly recently adopted several amendments to the Cannabis Control Act, 720 Illinois Compiled Statutes 550/1 et seq., and the Drug Paraphernalia Control Act, 720 Illinois Compiled Statutes 600/1 et seq., as part of Public Act 90-697. These amendments further make it clear that an Illinois municipality may regulate the possession, manufacture or delivery of cannabis and the possession of drug paraphernalia. Prior to the adoption of these amendments, several Illinois home rule municipalities, including Elgin, Maywood, Park Ridge and Schaumburg adopted ordinances regulating the possession of thirty (30) grams or less of cannabis and the possession of drug paraphernalia as part of thieir respective codes. These municipalities have the ability to issue citations to be heard as part of their administrative adjudication systems, while retaining the ability to issue such citations to be heard in the circuirt court if desired. The proposed ordinance would give the Village this ability and would be adopted pursuant to the new state law amendments and the Village’s home rule powers.
Section 17-2-7 of the Village Code contains a prohibition regarding the possession or sale of thirty (30) grams of less of cannabis by minors and the possession of cannabis paraphernalia by minors, but there is no corresponding provision of the Code regarding non-minors. The new sections of the Code contemplate a minimum fine of $750.00 for the first offense and $1,500.00 for any subsequent offenses.
Alternatives
Not adopt the Ordinance.
Previous Board Action
N/A.
Citizen Advisory Commission Action
N/A.
Anticipated Future Actions/Commitments
N/A.
Intergovernmental Cooperation Opportunities
N/A.
Performance Management (MAP) Alignment
The Law Department does not yet participate in the MAP program.